An appeal is considered to be determined by the Court of Appeal on point of law after an application to appeal to the Court of Appeal has been successful or the Upper Tribunal has granted the permission to appeal.
The Court of Appeal has the authority to hear the appeal a second time and decide whether to maintain the Immigration Judge’s decision or to make new decisions and set aside the decision of the Immigration Judge. After deciding if there was a material error of law in the appeal determination of the Immigration Judge, in certain cases the appeal may be remitted back by the Court of Appeal to the First Tier Tribunal.
When you are looking for permission to appeal to the Court of Appeal, there is no application form to be filled, you basically write what is ‘a letter’ to the home Office outlining two key things: -
You will need to serve all the decisions made by the Home Office to date; the court of appeal will normally be the one to prepare the bundle of the key decisions for you.
You will also need to have an advocate to argue your case before the judges in the court of appeal. Your advocate or legal representative will have to fill in the mandatory questionnaire that outlines the core of your case and arguments. Only if the court of appeal are satisfied with the two tests will they call for a substantive hearing.
In the meantime, the Home Office will review their position, and it may be the case that the parties can agree for the case to be withdrawn on consent; but the court of appeal must consent to that as well. Otherwise the hearing will proceed as normal.
How we can help
At Reiss Edwards, we have a team experienced immigration specialists who can advice you on how best to present your case to obtain the best possible outcome.